On January 18, 2023 a
Complaint,Petition
was filed
involving a dispute between
Fairview Health Services,
and
Mccurdy, Brian D, Jr.,
for Default Judgment
in the District Court of Chisago County.
Preview
13-CV-23-54
Filed in District Court
State of Minnesota
1/18/2023 4:38 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF CHISAGO TENTH JUDICIAL DISTRICT
FAIRVIEW HEALTH SERVICES,
Plaintiff,
v. Summons
BRIAN D MCCURDY JR
29345 MARY STREET
LINDSTROM MN 55045,
Defendant(s)
THIS SUMMONS IS DIRECTED TO: Defendant(s) named above.
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff's
Complaint against you is attached to this summons. Do not throw these papers away. They are
official papers that affect your rights. You must respond to this lawsuit even though it may not yet
be filed with the Court and there may be no court file number on this Summons.
2. YOU MUST REPLY WITHIN 21 DAYS T0 PROTECT YOUR RIGHTS.
You must give or mail to the person who signed this summons a written response called an Answer
within 21 days of the date on which you received this Summons. You must send a copy of your
Answer to the person who signed this summons located at: 7650 Edinborough Way, Suite 500,
Edina, MN 55435.
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to
the Plaintiff's Complaint. In your Answer you must state whether you agree or disagree with
each paragraph of the Complaint. If you believe the Plaintifi should not be given everything asked
for in the Complaint, you must say so in your Answer.
13-CV-23-54
Filed in District Court
State of Minnesota
1/18/2023 4:38 PM
4. YOU WILL LOSE YOUR CASE IF YOU D0 NOT SEND A WRITTEN
RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS.
If you do not answer within 21 days, you will lose this case. You will not get to tell your side of the
story, and the Court may decide against you and award the Plaintiff everything asked for in the
Complaint. If you do not want to contest the claims stated in the Complaint, you do not need to
respond. A default judgment can then be entered against you for the relief requested in the
Complaint.
5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not
have a lawyer, the Court Administrator may have information about places where you can
get legal assistance. Even if you cannot get legal help, you must still provide a written
Answer to protect your rights or you may lose the case.
6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to
participate in an alternative dispute resolution process under Rule 114 of the Minnesota General
Rules of Practice. You must still send your written response to the Complaint even if you expect
to use alternative means of resolving this dispute.
D at e d: OCtOber 31' 2 0 2 2
D.S. rickson & Associates, PLLC
Firm File Number: 3233 78]
D. Scott Erickson (#0282212)
Timothy J. Henkel (#0389403)
Gregory E. Hanson (#0395404)
Christopher M. Venjohn (#0400707)
7650 Edinborough Way, Suite 500
Edina, MN 55435
(612) 333-7600
Attorneys for Plaintifl'
13-CV-23-54
Filed in District Court
State of Minnesota
1/18/2023 4:38 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY 0F CHISAGO TENTH JUDICIAL DISTRICT
FAIRVIEW HEALTH SERVICES,
Plaintiff,
V.
Complaint
BRIAN D MCCURDY IR
29345 MARY STREET
LINDSTROM MN 55045,
Defendant(s).
The Plaintiff, for its claims against the above-named Defendant(s), complains and alleges as follows:
Claim I
Breach of Contract
1. Defendant received valuable health care goods and services from Plaintiff.
2. Defendant is in breach of a contract for health care goods and services provided to
Defendant on account through05/22/21 in the amount of $5,739.11 for not having
paid Plaintiff for the health care goods and services provided to Defendant.
Claim II
Unjust Enrichment
3. Plaintiff incorporates each and every allegation contained in Paragraphs 1-2, inclusive,
with the same force and effect as if fully set forth herein.
4. Plaintiff incurred time and resource expenses in rendering health care goods and
services to Defendant and Defendant accepted and received the goods and services.
5. Defendant's receipt of health care goods and services and its nonpayment thereof
results in Defendant's unjust enrichment. Plaintiff' is therefore entitled to receive
payment of the value of the benefit received by Defendant in the amount of $5,789-11
13-CV-23-54
Filed in District Court
State of Minnesota
1/18/2023 4:38 PM
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $5,834.11 ,
which includes the cost of personal service of process ($ 45.00 ) in this lawsuit, and any other
costs or disbursements herein as the Court deems appropriate.
Dated: OCtObCI' 31, 2022 D. S. Erickson & Associates, PLLC
64¢
D. Scott Erickson (#0282212)
Timothy J. Henkel (#0389403)
Gregory E. Hanson (#03 95404)
Christopher M. Venjohn (#0400707)
7650 Edinborough Way, Suite 500
Edina, MN 55435
(612) 333-7600
Attorneys for Plaintiff
ACKNOWLEDGMENT
The undersigned hereby acknowledges that costs, disbursements, and reasonable attorney
and witness fees may be awarded pursuant to Minn. Stat. 549.211 subdivision 2, to the
party against whom the allegations in this pleading are asserted.
Dated: October 31, 2022 D.S. Erickson & Associates, PLLC
V/
D. Scott Erickson (#0282212)
Timothy J. Henkel (#0389403)
Gregory E. Hanson (#0395404)
Christopher M. Venjohn (#0400707)
7650 Edinborough Way, Suite 500
Edina, MN 55435
(612) 333-7600
Attorneys for Plaintifl'
Document Filed Date
January 18, 2023
Case Filing Date
January 18, 2023
Category
Default Judgment
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Preview
13-CV-23-54 Filed in District Court State of Minnesota 1/18/2023 4:38 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF CHISAGO TENTH JUDICIAL DISTRICT FAIRVIEW HEALTH SERVICES, Plaintiff, v. Summons BRIAN D MCCURDY JR 29345 MARY STREET LINDSTROM MN 55045, Defendant(s) THIS SUMMONS IS DIRECTED TO: Defendant(s) named above. 1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff's Complaint against you is attached to this summons. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this Summons. 2. YOU MUST REPLY WITHIN 21 DAYS T0 PROTECT YOUR RIGHTS. You must give or mail to the person who signed this summons a written response called an Answer within 21 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this summons located at: 7650 Edinborough Way, Suite 500, Edina, MN 55435. 3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff's Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintifi should not be given everything asked for in the Complaint, you must say so in your Answer. 13-CV-23-54 Filed in District Court State of Minnesota 1/18/2023 4:38 PM 4. YOU WILL LOSE YOUR CASE IF YOU D0 NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not answer within 21 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Complaint. If you do not want to contest the claims stated in the Complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Complaint. 5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case. 6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternative means of resolving this dispute. D at e d: OCtOber 31' 2 0 2 2 D.S. rickson & Associates, PLLC Firm File Number: 3233 78] D. Scott Erickson (#0282212) Timothy J. Henkel (#0389403) Gregory E. Hanson (#0395404) Christopher M. Venjohn (#0400707) 7650 Edinborough Way, Suite 500 Edina, MN 55435 (612) 333-7600 Attorneys for Plaintifl' 13-CV-23-54 Filed in District Court State of Minnesota 1/18/2023 4:38 PM STATE OF MINNESOTA DISTRICT COURT COUNTY 0F CHISAGO TENTH JUDICIAL DISTRICT FAIRVIEW HEALTH SERVICES, Plaintiff, V. Complaint BRIAN D MCCURDY IR 29345 MARY STREET LINDSTROM MN 55045, Defendant(s). The Plaintiff, for its claims against the above-named Defendant(s), complains and alleges as follows: Claim I Breach of Contract 1. Defendant received valuable health care goods and services from Plaintiff. 2. Defendant is in breach of a contract for health care goods and services provided to Defendant on account through05/22/21 in the amount of $5,739.11 for not having paid Plaintiff for the health care goods and services provided to Defendant. Claim II Unjust Enrichment 3. Plaintiff incorporates each and every allegation contained in Paragraphs 1-2, inclusive, with the same force and effect as if fully set forth herein. 4. Plaintiff incurred time and resource expenses in rendering health care goods and services to Defendant and Defendant accepted and received the goods and services. 5. Defendant's receipt of health care goods and services and its nonpayment thereof results in Defendant's unjust enrichment. Plaintiff' is therefore entitled to receive payment of the value of the benefit received by Defendant in the amount of $5,789-11 13-CV-23-54 Filed in District Court State of Minnesota 1/18/2023 4:38 PM WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $5,834.11 , which includes the cost of personal service of process ($ 45.00 ) in this lawsuit, and any other costs or disbursements herein as the Court deems appropriate. Dated: OCtObCI' 31, 2022 D. S. Erickson & Associates, PLLC 64¢ D. Scott Erickson (#0282212) Timothy J. Henkel (#0389403) Gregory E. Hanson (#03 95404) Christopher M. Venjohn (#0400707) 7650 Edinborough Way, Suite 500 Edina, MN 55435 (612) 333-7600 Attorneys for Plaintiff ACKNOWLEDGMENT The undersigned hereby acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. 549.211 subdivision 2, to the party against whom the allegations in this pleading are asserted. Dated: October 31, 2022 D.S. Erickson & Associates, PLLC V/ D. Scott Erickson (#0282212) Timothy J. Henkel (#0389403) Gregory E. Hanson (#0395404) Christopher M. Venjohn (#0400707) 7650 Edinborough Way, Suite 500 Edina, MN 55435 (612) 333-7600 Attorneys for Plaintifl'